knowledge When the Inventory is so exhibited the Executor must become bound in a considerable Penalty either to bring in the money that shall appear due to the Orphants by such Inventory or within two Months or within that time to give good Security to pay the same into the Chamber of London for the use of the Orphants when they shall come to age or be married The Condition of a Bond to bring in Money or to give Security is as followeth THe Condition of this Obligation is such That if the above bound A. M. do and shall within two Months now next ensuing bring or cause to be brought into the Court of our Sovereign Lord the King holden before the Major and Aldermen of the City of London for the time being in the Chamber of the Guildhall of the same City good and sufficient Sureties to be bound for the true and sure payment of the Orphanage and Legatory portions due and belonging unto the Children and Orphants of the said E. M. deceased at the time of his death by the Laws and Customs of the City of London or by the last Will and Testâ—â—meâ—t of the said Testator or else do or shall pay or cause the same to be paid into the Chamber of London to the use of the same Orphants and do and shall from time to time and at all times hereafter within one Month next after warning or notice to her given or for her left in writing at the now dwelling House of J. W. situate in Cornhill London bring or exhibit into the Court aforesaid a true and perfect Accompt in writing upon her Corporal Oath of all and singular the sperate doubtful and desperate Debts whatsoever that were due and belonging unto the said E. M. at the time of his death as shall come to her hands or to the hands or custody of any other person or persons to her use or by her appointment And upon like notice to her to be given or for her to be left in writing as aforesaid bring or cause to be brought into the Court aforesaid good and sufficient Sureties to be bound for the true and sure payment of so much mony as upon every such Accompt shall appear or be found due or belonging to the same Orphants or else do and shall pay or cause the same to be paid into the Chamber of London to the use of the same Orphants without fraud or covin then c. or else c. If the Executor pay the money into the Chamber of London the Court of Aldermen usually allow 5 l. per Cent. Interest for so much of the Testator's Estate as is due to the Orphants by the Custom of London so as the same exceed not 500 l. and for Legacy money 3 l. 6 s. 8 d. per Cent. If the Executor shall not think fit to pay the money into the Chamber he must become bound with three Sureties to the Chamberlain of London for the time being in one or more Recognizances or else by Bond to pay the money due to Orphants and in case the Security live within the Liberties of London they must be bound by Bond. Note that if the Sum be 900 l. the Security must become bound by three Recognisances each for the payment of 300 l. the Custom being never to make any Recognizance touching Orphants of greater Penalty than 400 l. and not for the payment of above 300 l. The Condition of every Bond that is for Security of Orphants Portions is as followeth THe Condition of this Obligation is such That if the within bound S. D. T. G. W. G. and J. Y. or any of them their or any of their Executors or Administrators do and shall well and truly pay or cause to be paid in the Court to be holden before the Major and Aldermen of the City of London for the time being in the Chamber of the Guild-hall of the same City to the within named Sir T. P. Chamberlain of the City of London or his Successors Chamberlains of the same City for the time being 100 l. of lawful Money of England to and for the use and behoof of K. the Daughter and sole Orphant of W. D. late Citizen and Mercer of London deceased at such time as the said Orphant shall attain to her full Age of 21 years or be married to the said Orphant belonging out of the Goods Chattels Rights and Credits of her said Father by the Laws and Customs of the City of London or by his last Will and Testament or otherwise And if it shall happen in the mean time before the said Money shall be fully paid as aforesaid that the said Orphant shall dye and depart this mortal life then if the said S. D. T. G. W. G. and J. Y. or any of them their or any of their Executors or Administrators do and shall within one Month next after the death of the said Orphant pay or cause to be paid into the Court aforesaid to the Chamberlain of the City aforesaid for the time being the Sum of One hundred pounds so due and belonging to the said Orphant to the intent the same may be disposed where of right the same shall appertain And further if the said S. D. T. G. W. G. and J. Y. or any of them their or any of their Executors or Administrators do and shall until the said Money shall be fully paid as aforesaid find and provide or cause to be found and provided unto the said Orphant Meat Drink Apparel Linnen and Woollen and all other Necessaries to the said Orphant meet and belonging And do not in the mean time willingly permit or suffer the said Orphant to be married cloyned bound Apprentice or by any other ways or means to become bound without the special licence and consent of the Major and Aldermen of the City aforesaid for the time being first obtained And if it shall happen that the said S. D. T. G. W. G. and J. Y. or any of them shall dye and depart this mortal life or grow into poverty or insufficiency in their or any of their Estate or Estates before the said Money shall be paid as aforesaid Then if the said S. D. T. G. W. G. and J. Y. or any of them their or any of their Executors or Administrators do and shall within one Month next after such dying decaying growing into poverty or insufficiency in their or any of their Estate or Estates as aforesaid bring or cause to be brought into the Court aforesaid to be holden before the Major and Aldermen of the City aforesaid for the time being such and so many other good and sufficient Surety and Sureties as the same Court for the time being shall accept and allow of who shall and will then and there become bound to the Chamberlain of the City aforesaid for the time being in manner and form and every condition Mutatis Mutandis as in these Presents contained in the stead or place of him or them so dying or
decaying growing into poverty or insufficiency in Estate or Estates as aforesaid And lastly if the said S. D. c. or any of them do yearly appear before the Major and Aldermen of the City aforesaid for the time being in the Chamber of the Guildhall of the same City on Munday next after Midlent Sunday That then c. or else c. The Lord Major and Court of Aldermen do meet at Guildhall and sit in the Orphants Court there once in every year viz. on the Munday morning after Midlent Sunday purposely to hear the Names of all the Securities that stand bound for Orphants Portions called over and therefore that day is termed Call-day upon which day one of every of the Sureties ought to appear to give an account whether the other Securities are living and in good condition and whether the Orphants are living and married If none of the Security appear upon that day they forfeit their Recognizances and Bonds and the Clerk of the Orphants in such case must make out Process against the Security and force them to give the Accompt above required and pay the Charges of the Process The Security must take particular care that none of the Orphans marry or be put Apprentice with their consents without the leave of the Court of Aldermen first obtained for that purpose And as the Orphans come to be of the age of One and twenty years or shall be married with the consent of the Court of Aldermen they must take care to bring them to Guildhall with a person to prove the age of such Orphan and then the Orphan must acknowledge satisfaction for the Money due to him or her of the Testators Estate which must be done in the Court of Aldermen but one of Mr. Common Sergeant's Clerks must first draw up a Note to this or the like effect J. B. Parish-Clark and Register of All-hallows Lumberstreet London is come to prove unto this Honourable Court upon his Corporal Oath That R. B. one of the Sons and late Orphans of R. B. late Citizen and Mercer of London deceased is of the full Age of 21 years And the said R. B. the Son is come to acknowledge satisfaction to this Honourable Court for 500 l. growing due unto him for his own part and portion of the Goods Chattels Rights and Credits of the said R. B. his late Father deceased by the Laws and Customs of the City of London If a Freeman leaves Lands and Tenements to his Children the Executor must become bound with Sureties to accompt for the Rents and Profits of such Lands with Condition as followeth The Condition of a Bond to Accompt for Rents c. THe Condition of this Obligation is such That whereas A. W. Executor of the last Will and Testament of J. W. late Citizen and Skinner of London deceased is by order of the Court of Orphans holden before the Major and Aldermen of the City of London appointed to receive the Rents Issues and Profits of certain Lands Messuages and Tenements in the Parish of B. in the County of M. which are bequeathed to R. the Son and Orphan of the said J. W. in and by the last Will of the said J. W. when the said Orphan shall attain the Age of 21 years If therefore the said A. W. her Executors or Administrators do and shall from time to time and at all times hereafter until the said Orphan shall attain the Age of 21 years well and truly pay or cause to be paid the yearly Rent of 10 l. reserved in the Grants or Leases of the same Lands and Messuages according to the Covenants of the same Leases And also do until the said Orphan shall attain the aforesaid Age keep and maintain the said Messuages and every of them in good repair And do and shall convey assign and assure unto the said Orphan when he shall attain the full Age of 21 years the same Lands and Messuages and every of them discharged and freed from all Rent or Rents in the said Leases or Grants reserved and from all and all manner of Forfeitures and Rentries and well and sufficiently repaired and sustained And if the said A. W. her Executors or Administrators shall not do any act or acts thing or things whereby the said Orphan shall not enjoy the said Land and Messuages at the said Age of 21 years without incumbrances from her them or any of them That then c. or else c. WHen any Orphan is of full Age and shall acknowledge satisfaction in the Court of Aldermen for all Moneys due to him or her The same Court upon motion made by Mr. Common Sergeant doth constantly order That all Bonds entered into for the payment of such Orphans Portion shall be delivered up and cancelled and if the Security became bound by Recognizances the Clerk of the Orphans will cross and discharge such Recognizances for which his Fee is 2 s. upon each Recognizance The Chamber of London is accounted the safest and best Security in or about London for the Moneys paid therein to the use of the City or any Orphan is constantly repaid upon demand without any trouble And when Orphans come to Age or be married with the consent approbation of the Court of Aldermen they may receive their Portions if paid into the Chamber at an hours notice although the sum shall be Ten thousand pounds or more Mr. Chamberlain or his Clerks attending daily for that purpose The Interest or finding Money is constantly paid as it becomes due and the Court hath always taken great care that every Orphan shall receive his and her Portions out of the Chamber of London without paying any other or greater Fees then hath been anciently taken and if any Officer exact or take any other Fees the Parties will upon their application and evidence of the Fact to the Court of Aldermen have remedy and all just relief against the Offenders Mr. Common Sergeant keeps his Office in Guildhall-yard near St. Lawrence's Church and constantly attends to dispatch all persons that are concerned for Orphans and will not permit any Fees to be taken for any business to be done by virtue of his Office more then hath been paid time out of mind and if any of his Clerks exact any greater Fees he will upon complaint cause satisfaction to be given to the Party grieved The Widow of every Freeman if she shall be Executrix or Administratrix of her Husbands Estate ought by the Custom of London to exhibit a true Inventory of her Husbands Estate into this Court before she contract Marriage otherwise the Court of Aldermen may impose a reasonable Fine upon such Executrix or Administratrix to the use of the Orphans of such Freeman To prevent abuses that sometimes happen to Freemens Estates in prejudice of Orphans by Executrixes and Administratrixes not giving an Inventory in due time after the Testator's decease The Court of Aldermen have made an Order not to allow any finding Money or
contrary to the said ancient usage and in contempt of the said Majors Court upon several new pretences never heard of till of late time whereby Clients are necessitated where they have cause to appeal to Equity to remove their Suits out of London whereas they might otherwise be relieved in the Lord Majors Court with far less Charge and greater Expedition For remedies whereof it is ordained enacted and established by the Lord Major Aldermen and Commons in this Common-councel assembled and by the Authority of the same That at all times hereafter the said Warrant of Levetur Querela under the Hand of the Lord Major or Recorder of the City of London for the time being for removing of any Plaint Attachment or other cause or causes levied or depending in either of the Sheriffs Courts of this City into the Majors Court being brought by a Serjeant at Mace and Minister of the Majors Court to the said Sheriffs Court either at the Guild-hall or Compter at any time before the Iury or any of them shall be sworn for Trial of such Cause or Causes shall be presently obeyed and allowed of And that neither the Iudge nor any Clerk or Officer of either of the said Sheriffs Courts do at any time hereafter presume to reject or disallow of any such Levetur Querela so brought or tendered unto him or them upon any pretence whatsoever other than in case of a further Order or Warrant under the hand of the Lord Major or Recorder for the time being in that behalf first had and obtained as anciently hath been used and accustomed And to prevent the daily inconveniences happening in Suit now depending or hereafter to be depending in the Courts of the said Sheriffs by reason of the great delays they meet with there by putting off of Causes under pretence of continuances entered by the Attorneys on both sides for the most part at the very time they should be Tried without the consent of the Parties Clients contrary to the ancient practice and usage of the said Courts whereby the Clients is delayed Witnesses and Iurymen discouraged by frequent and fruitless attendances to the intolerable expence of the Suitors For the preventing hereof for the future Be it enacted by the said Lord Major Aldermen and Commons in Common-councel assembled and by Authority of the same That no Cause or Causes in either of the Sheriffs Court be at any time hereafter from and after Issue joyned put off from Trial by pretence of any such Continuances entered or hereafter to be entered by consent of the Attorneys on either part but upon motion thereof first made in open Court and for some just and reasonable Cause to be shewed and allowed upon Oath before the Iudge of the same Court and upon payment of such Costs to the Party thereby delayed as the Court shall see cause to tax and allow And that no Clerk do henceforth presume to enter any Continuance in any Cause summoned for Trial without the special order and direction of the Iudge of the Court in that behalf first had as aforesaid And that no Fee be henceforth demanded taken or allowed by or to any of the Attorneys of the Sheriffs Courts aforesaid for or in respect of the putting off of any Trial under the pretence of such Continuance entered or hereafter to be entered as aforesaid upon pain that every Attorney so demanding taking or receiving shall for every such Offence for the first time forfeit the Sum of Five pounds and for the second to be finally discharged of and from his place of Attorney in the said Sheriffs Courts And to prevent the great mischiefs now daily growing and encreasing in the said Sheriffs Courts by excessive Costs taxed upon Iudgments there given by the consent for the most part of the Attorneys of both sides contrary to the usuage of all former Ages Be it enacted by the said Lord Major Aldermen and Commons in this Common Councel assembled and by the Authority of the same That no Bill of Costs exceeding the sum of Four and twenty shillings for the Trial of a Grand Iury Cause or exceeding the sum of Twenty two shillings for the Trial of a Petty Iury Cause shall at any time hereafter charge the Client of either side Nevertheless it shall and may be lawful for the Iudges of the said Courts respectively for good and reasonable cause shewed to them respectively by the parties of either side upon due examination of the circumstances of the Case in the presence of both parties to encrease the said costs of Suit by their discretions by a special Rule of Court to be entered for that purpose expressing the cause why such costs are so increased And upon complaint made by any person of greater charges then as aforesaid and producing the Bill under the Attorneys hand or other Witness that the respective Iudges of the same Court punish the Offender and relieve the party grieved according to their good discretions and the Rules aforesaid And that no Officer of either of the said Courts shall presume to make out Execution upon any Iudgment wherein the costs of Suit shall exceed the sums aforesaid respectively without such special Rule as aforesaid to warrant the same on pain to forfeit for his first Offence Five pounds to the relief of the Prisoners of that Compter wherein the Action shall be entered and for the second default to be expelled the Court for ever And to prevent the daily abuse of the Serjeants and Yeomen of the Sheriffs sometimes in permitting persons Arrested by them to go at large without Bail sometimes in keeping them in Alehouses or some other private places and not returning the Process in due time by which the parties were Arrested so that the Plaintiff is delaied and the Prisoner by the extorsion of the said Serjeants and Yeomen oftentimes put to a greater expence than will discharge the original cause of Action and sometimes by discharging persons by them duly Arrested without causing the Actions wherein they were so Arrested to be withdrawn although they take Money from the Defendant sufficient to do the same with and sometimes in not duly returning Executions by them executed or by discharging persons taken in Execution before satisfaction be entered upon Record whereby the said persons are oftentimes doubly charged for the same Debt Be it therefore enacted by the Authority aforesaid That the Serjeants and Yeomen of the said Sheriffs and every of them shall from time to time and at all times hereafter make due return into the said Sheriffs Courts of all the Precepts of the said Courts to them to be directed at the next Court after the Execution of the same Precepts and that all persons by them to be Arrested by virtue of the said Precepts or any of them shall be either delivered upon good and sufficient Bail or in default thereof by him or them committed to some of the persons within the said City at or before the next
Court to be holden after such Arrest so to be made to the end the party Plaintiff may proceed in his Action according to Law and that none of the said Officers presume to discharge any person or persons by him Arrested after agreements made between the parties till such time as the said Officer shall have caused either the Action to be withdrawn or satisfaction to be acknowledged on Record as the case shall require And if any of the said Officers shall hereafter offend in any of the Cases aforesaid and shall be thereof convicted by Examination of the Iudge in open Court upon complaint of the parties grieved or in default thereof by any other who shall inform the same that then and in every such case the Officer or Officers so offending shall for the first offence be by the said Iudge forthwith committed to the Compter there to remain till he shall have paid down the sum of Five pounds the one Moiety to the party grieved or in default of Information to be given by him or them as aforesaid then to such other person or persons who shall inform the same to the said Court over and besides such remedy as the said party grieved may have by his or their Actions at Law against the said Officers or any of them for any of the Defaults aforesaid and the other Moyety to the relief of the poor Prisoners in such of the said Compters wherein the said cause is or shall be entered And if any of the said Officers after he or they shall have been once convicted of any of the Offences aforesaid shall presume to offend in any of the said Cases the second time and be thereof convicted as aforesaid That then and in every such Case the said Offender over and above all other penalties herein above limited and appointed shall be ipso facto absolutely discharged from his said Office and the Sheriffs of the City for the time being are hereby impowred and required to nominate and present to the Court of Aldermen some other fitting persons to be by them admitted in his or their places as if the persons so offending and convicted as aforesaid were naturally dead Provided always that no Informer shall be intituled to the moiety of the said Five pounds unless the said Offender shall be convicted by the evidence of one or more persons indifferent and unconcerned to the profit or prejudice coming by the default of the said Officer Ever since the making of this Act my Lord Major's Warrant for removing Causes out of the Sheriffs Court into this Court hath been obeyed but as for the other matters they are not observed by the Attorneys in the Sheriffs Court which is the reason of the great Charge Plaintiffs and Defendants are compelled to pay to try Causes in that Court In all Attachments the person whose Moneys or Goods is attached is called the Defendant in the Attachment and the person in whose hands the Attachment is made is called the Garnishee And if the Plaintiff in the Attachment shall obtain a Verdict and Judgment for the Moneys or Goods attached in the Garnishees hands yet the Defendant in the Attachment may at any time before satisfaction acknowledged upon Record put in Bail to the Plaintiffs Action upon which the Attachment is grounded and thereby discharge the Judgment and all the Proceedings against the Garnishee and although the Garnishee be taken in Executâ—on upon any such Judgment yet if Bail shall be put in by the Defendant in manner as aforesaid before the Money shall be paid the Garnishee will be immediately discharged If an Attachment shall be made for Goods only and the Garnishee plead he had no Goods in his hands at the time of the Attachment or at any time after and the Plaintiff prove the Goods attached or any part of them in his hands the Jury in such case must find for the Plaintiff and say what Goods they find in the Garnishees hand whereupon Judgment must be entered as followeth Ideo considerat ' est quod fiat appretiatio And thereupon a Precept must be made and directed to one of the Officers of this Court to appraise the same Goods and if the Garnishee shall not produce them the Officer must return an Elongavit which is that the Garnishee hath conveyed the Goods out of the Liberties of this City The next Court-day for Trials after such return made a Jury must be sworn to enquire of the value of the Goods found by the former Jury to be in the Garnishees hands and Judgment must be entered for the value according to the Verdict of such Jury Note That upon Attachments no Costs are allowed to either party let the Verdict be for or against the Plaintiff The day for Trials in this Court is every Tuesday but every day is a Court for entering Proceedings as Appearances Rules Pleas and Judgments except Holy-days the week before Easter the first three weeks in August and from the Sixteenth of December till the Munday after Twelfth-day After Judgment obtained by the Plaintiff against the Garnishee upon any Attachment the Plaintiff must before Execution is awarded find Sureties who must undertake for the Plaintiff that if the Defendant in the Attachment shall within a year and a day then following come into Court and disprove or avoid the Debt demanded against him by the Plaintiff that then the Plaintiff shall restore to the Defendant the moneys by the Plaintiff attached and condemned in the Garnishees hands or so much thereof as shall be disproved or else that they will do it for him and then Execution will be granted against the Garnishee for the Moneys mentioned in the Judgment If A. attaches Money in the hands of B. as the Moneys of C. and in truth B. hath no Money in his hands belonging to C. but expects to receive the Moneys of B. some short time after in such Case B. after four Defaults passed which is usually in four days may discharge the Attachment by coming into Court personally and giving a Rule to declare upon his Attachment and if A. do not declare in three days following then Judgment will be entered against A. to dischage the Attachment But if A. do declare then B. may presently plead he had no Moneys in his hands at the time of the Attachment or at any time since and put the Plaintiff to prove any Moneys in his hands or else B. may discharge the Attachment by waging his Law Note That the Plaintiff shall not give evidence of any Moneys that came to the Garnishees hands after the time of the Plea The manner of waging Law to an Attachment is thus THe Garnishee must come into Court and there take the following Oath viz. You shall swear that at the time of the Attachment made which was the day of last past between the hours of Nine and Ten in the Forenoon of the same day or at any time since you had not owed nor did detain nor
yet have owed or do detain from C. in in the Bill original and Attachment aforesaid the Defendant named any part thereof the said Sum of so as aforesaid nor any penny thereof in manner and form as the Plaintiff by his Bill Original and Attachment aforesaid hath supposed So God you help But if the Plaintiff hath two Witnesses that will swear the Garnishee had Moneys in his hands when the Attachment was made he must cause their Depositions to be taken by the Town-Clerk or his Deputy and that will stop the Garnishee from waging his Law and force him to plead to the Country in case their Depositions be full If A. be indebted to B. in 20 l. by Bill or Note payable at Six Months or more in such case you cannot enter an Action against A. till the Money is due But if B. shall be indebted to C. in any some of Moneys C. may so soon as the Bill or Note is given to B. by A. cause an Attachment to be made in the hands of A. as the Moneys of B. and if A. appear he shall be forced to give Bail within two days after his Appearance to have his Body forth coming or pay what Moneys shall be found in his hands And until A. hath given Bail he shall not be admitted to plead to the Attachment and if he neglect to give Bail Judgment will be entred against him for the Money attached But in this case after A. hath put in Bail he must plead that it is true he hath so much Moneys in his hands but that the same is not due nor payable to B. the Defendant till a certain time to come C. the Plaintiff shall have Judgment presently against A. the Garnishee for the Money attached but Execution shall not be awarded for the Money when it becomes due according to the time mentioned in the Plea If A. shall be indebted to B. in a Sum of Money for Goods bought a Verbal agreement only to pay for them at a time to come and an Attachment shall be made in the hands of A. for the Money before the time agreed for payment thereof shall be elapsed in such case A. the Garnishee may plead the same Plea as above and shall not be compelled to pay the Money till it became due by the Agreement but the Plaintiff shall have Judgment presently And if the Defendant in an Attachment after satisfaction acknowledged upon Record shall bring an Action against the Garnishee for the Money so attached the Garnishee may in such case plead the General Issue and give the Attachment in evidence but must at the same time prove the Debt to be a just Debt for which the Money was condemned and the Courts above have always allowed it as good Evidence against the Plaintiff in the Action If R. D. ows Money to L. C. and absconds and happens to leave Goods in a House or Warehouse locked up and no person in the House or Warehouse in such case L. C. may sequester the House or Warehouse and the Goods and Chattels therein contained in 6 days time may condemn the Goods the manner of making a Sequestration is as followeth L. C. must enter an Action of Debt against R. D. with one of the four Attorneys of this Court and then one of the Officers of this Court must go to the same House or Ware-house and say these words I Do sequester this Warehouse and the Goods and Chattels therein contained as the proper Warehouse Goods and Chattels of R. D. to answer L. C. in a Plea of Debt upon demand of 100 l. And then must put a Padlock upon the Door of the House and set a Seal upon the Key-hole After four Court days passed which is usually in four days the Officer will receive a Precept to open the Warehouse and cause the Goods therein to be Inventry'd and Apprais'd by any two Freemen and the Appraisors must set their Names or Marks to the same Inventory and come to the next Court and there take the Oath following The Oath to be taken by the Appraisors YOU and either of you shall swear that the Appraisement you have made of the Goods and Chattels in this Schedule or Inventory specified whereunto you have subscribed your Names is a just and true Valuation and Appraisement of the same Goods and Chattels according to the best of your Iudgments and Skills So help you God The same Court-day that the Appraisors are sworn the Plaintiff may have Judgment and Execution for the Goods bringing two sufficient Sureties who will enter into a Recognizance to this effect viz. That if the Defendant R. D. shall come into Court within a year and a day and disprove or avoid the Debt demanded by L. C. that then L. C. shall restore the Goods or the value thereof to R.D. or else that they will do it for him The manner for a Defendant in an Attachment to disprove or avoid any Debt demanded is as followeth The Defendant must either render his Body to Prison or give Security to pay the Debt demanded and then may bring a Scire facias which is called a Scire facias ad disprobandum debitum and the Plaintiff in the Attachment must be summoned to appear and plead thereunto and after the Plaintiff hath pleaded if the Debt demanded be not a Debt due by Bond Bill or Specialty under Hand and Seal the Defendant may wage his Law and thereby discharge himself of the Money demanded by the Plaintiff which must be done in Court as followeth I R. D. do swear that upon the day of naming the day the Action was entered I did not owe nor detain nor as yet do owe or detain from L. C. the Plaintiff the sum of xxxl nor any part or parcel thereof in manner and form as the Plaintiff by his Bill original hath supposed So help me God And if the Defendant be a Freeman of London he must have six Compurgators who will swear that they believe in their Consciences that what the Defendant swears is true But if the Defendant be not a Freeman of London then two Compurgators will be sufficient If the Defendant shall not think fit to wage his Law but will put the Plaintiff to prove his Debt he must in such case plead that he owes nothing to the Plaintiff an issuable Plea And in case the Plaintiff fail to prove his Debt a Verdict and Judgment will pass against him for restitution of the Money or value of the Goods attached and condemned And if the Plaintiff in the Attachment shall in such case be taken in Execution and shall be unable or unwilling to restore the Money his Security or Pledges that he gave when the Money was condemned will be compelled to pay the Money for the Sureties cannot discharge themselves by rendring the Plaintiff body to Prison But if the Plaintiff prove his Debt the Verdict will pass for the Plaintiff in the Attachment and then Judgment will be
then the said Orphan or Orphans or every of them shall forfeit and lose three shillings for every pound due or to be due unto her or them by virtue of any Orphanage or Custom had or used within the said City one shilling of the said three shillings of every pound to go or to be to the use of the Chamber of the said City in such manner and form as is aforesaid and the other two shillings so forfeited of every pound to go to the use of such other Orphan or Orphans as then shall remain unmarried or else for default of such Orphans or Orphan to remain to the next of the Kindred of the Orphan so offending Also be it further Enacted Ordained and Established by Authority aforesaid for and in discharge of divers Variances Contentions and Suits that daily heretofore have and hereafter may ensue That if a Freeman's child man or woman fortune to be married hereafter in the life time of his or their Father by this consent and not fully advanced of and to his and her full part or portion of his or her said Fathers Goods as he shall be worth at the time of his decease according to the ancient Laws and Customs of the said City That then every such Freemans child so being married in the life time of his or her Father shall be to all intents and purposes disabled to demand any further part or portion of his or her Fathers Goods after the decease of his or her Father but shall be adjudged reputed or taken to be fully advanced according to the Law and Custom of this City and hath been long time out of mind except his or her said Father do mention certainly in the last Will or Testament or by some other writing signed with his own proper name or mark the certainty of the sum or sums Goods or Chattels and the value of them that the Father gave paid or departed withal or otherwise assured or hereafter shall give pay depart withal or otherwise make assurance of unto him or her before at or after the marriage of him or her or otherwise in his life time for and towards their advancement in the name of his or her part or portion and then every such Orphan or Child which after the decease of his or her said Father can bring forth the said Testament or other Writing signed or marked with the Fathers hand or mark wherein the certainty of such Money Goods or Chattels as they gave or shall have received of their said Father or by the same Father assured by Specialty or otherwise shall have as much more of the ready Money Goods Chattels and Debts of the said Father as with that which he or they shall have received towards their advancement in the life of the said Father shall make up a full childs part of his Goods and Chattels as he shall be worth at the time of his decease the same to be demanded asked and claimed or sued for against the Executor or Executors Administrator or Administrators of the Goods and Chattels of the said Father by Bill original to be commenced in our Sovereign Lord the King's Court holden in the utter Chamber of the Guildhall of the said City before the said Lord Major and Aldermen of the same City for the time being any Law or Custom heretofore made or used to the contrary notwithstanding In which Action no wager of Law or Essoin shall be admitted or allowed Provided always and it is further enacted That if any Freemans Son being of full age which shall hereafter be married with the consent of his Father or any other person being of full age which shall hereafter marry any Freemans Daughter do at the time of the Espousals or at any time after confess themselves by writing fully satisfied of his or their portions or do otherwise or discharge the said Father of such Sons or Daughters of all their part and portion due or to be due by the Law and Custom of the City that then every such person so confessing acquitting or otherwise discharging shall be reputed and taken as fully advanced of his or their whole part or portion and shall not be able to demand any further or greater part of the Substance Goods and Chattels of his or her Father this Law or any other Law or Custom heretofore made or used to the contrary notwithstanding And further Forasmuch as it is thought very prejudicial and hurtful to the Fatherless Children and Orphans when the Mother or Mother-in-law being Executor of the last Will and Testament of her late Husband by whom and after whose death the Orphans are entituled to an Orphanage according to the laudable Customs and Ordinances of this City do divers times marry or contract Matrimony some with forreigners and persons unknown and some with Freemen before a just Inventory of the Goods Chattels Plate Iewels and ready Money of the Testators be by them brought in by reason whereof many times they either for fear or affection of their Husbands or for some other sinister cause do bring in very suspicious Inventories omitting therein either ready Money Plate Iewels or Debts or some other thing or things whereby some benefit should redound to the Fatherless children to the great loss and hinderance of the Orphans and sometimes slander to the Lord Major and Aldermen of this City notwithstanding the great care and travel that they take for the good ordering and true answering of the said Orphans It is therefore by like Authority ordained established and enacted That if after the First day of November next ensuing any Widow which is or shall be made Executor of the Testament and last Will of her late Husband being a Freeman or shall take upon her the Administration of the Goods and Chattels of her late Husband being a Freeman do not upon her Oath bring in and exhibit or cause to be brought in or exhibited before the Lord Major and Aldermen of this City for the time being at and in a Court of Aldermen a just and perfect Inventory to their knowledge of all the Goods Chattels Plate and Iewels ready Money and Debts as were her said Husbands at the time of his death appraised according to the Law of the said City before she do ensure herself in marriage or contract marriage or else according to the Laws of the Realm do perfectly solemnize or consummate marriage with any person before such time as aforesaid that then every person so offending shall forfeit and lose eight shillings of every pound of her portion of the Goods of her late Husband due to her by the laudable Customs of the said City the same to go to the use of such Orphan or Orphans as then shall be intituled to have or demand any Orphanage or Portion after the death of his or her late Father the same so demanded asked claimed or sued against such Executor or Administrator and by Bill original of Debt to be commenced in our
Sovereign Lord the King's Court aforesaid any Law or Custom heretofore had made or used to the contrary notwithstanding In which Action no wager of Law or Essoin shall be admitted or allowed THis Law or Act is called Judd's Law and is not repealed but the Lord Major and Aldermen have sometimes for especial reasons thought fit to dispence with the same Act in favour of Orphans that have sought relief against the Penalties therein mentioned By the Custom of London a Freeman's Widow may require a third part of his personal Estate after his Debts paid and Funeral Charges discharged besides her Widows Chamber furnished and his Children may require another third part thereof and the Freeman may by his last Will give away the other third part of his Estate either to his Wife or any of his Children or any other person whatsoever but if he shall have no Children then his Widow may require a Moiety of his personal Estate after Debts paid together with her Widows Chamber furnished And if a Freeman shall make his Will contrary to this Custom and give away more then a third of his Estate from his Wife and Children they may be relieved against such Will by exhibiting their Bill in this Court against the Executor of such Freeman and so much of his Will as shall be contrary to the custom will be declared void and of no effect If a Freeman shall in the time of his last sickness give and deliver any part of his Goods Chattels or Moneys to his Wife or Child or any other person with intent that such person shall keep the same Moneys or Goods to his or her own use Such Gift is against the Custom of London and the Moneys or Goods so given shall be accounted part of the Estate that belonged to such Freeman at the time of his death and may be recovered by Bill in this Court For a Freeman cannot in the time of his sickness whereof he shall dye give away any part of his Estate otherwise then by his last Will. If an unfreeman or any other person shall by his Will give a Legacy to an Orphant the Court of Aldermen may compel the Executor of such unfreeman to pay the Money bequeathed into the Chamber of London or give Bond to pay the same according to the purport of the Will If a Freeman dye without a Will and leave a Wife and Children Administration of his Estate will be granted to his Widow and she will claim a third part of his Estate by the Custom of London and one third must be divided amongst his Children and the other part thereof must be divided between the Wife and Children and usually the Widow is allowed two thirds of the Freemans third part and the Children one third thereof If a Freeman shall give part of his Estate to any of his Children in life time in marriage or otherwise and afterwards die and make a Will and give away his Estate to his other Children and shall declare that the Child he so disposed in marriage had received 500 l. or more of his Estate and was thereby fully advanced such declaration shall not bar the person so married but he or she may recover an equal share with the other Children of the personal Estate that belonged to such Freeman at the time of his death but then such person must bring in the Money received of his Father in his life time and reckon it part of the Estate left by such Freeman at his death and such bringing in the Money is called bringing it into Hotchpott If a Freeman shall settle or make over any part of his Estate to the use of his Children with design to defraud his Wife of her full third part the Widow may after his death set aside such Settlement by a Bill in this Court When an Inventory is exhibited in this Court and the Orphants can prove any Goods omitted or undervalued or any Debts charged to be owing from the deceased which were not real and just Debts in such case the Clerk upon complaint made will summon a Jury to enquire whether the Inventory so exhibited be a true and perfect Inventory or not And if the Jury find any omissions undervaluations or surcharges then the same Clerk will sue the Executor upon the Bond he gave for exhibiting an Inventory and will thereby compell him to make good to the Estate so much as shall be found by the Jury to be omitted undervalued or surcharged unless he can by proof discharge himself thereof before the Court of Aldermen who upon application made by any Executor will examin into the Accompts of such Executor and do right to all parties without any expence to the Executor or the Orphants When it shall appear by any Inventory that many Debts are standing out due to the deceased the Court of Aldermen do constantly compel the Executor to give Bond to render a true Accompt from time to time when he shall be thereunto required the Condition of which Bond is as followeth The Condition of a Bond to Accompt THe Condition of this Obligation is such That if the above bounden A. B. do at all and every time and times hereafter within One month next after warning to him to be given or for him to be left in writing at the now Dwelling-house of R. B. situate in Cornhill in London bring and exhibit into the Court of our Sovereign Lord the King to be holden before the Major and Aldermen of the City aforesaid for the time being in the Chamber of the Guildhall of the same City a true and perfect Accompt in writing upon his Corporal Oath of all and singular the sperate doubtful and desperate Debts whatsoever which were due and belonging to R. R. late Citizen and Grocer of London deceased at the time of his death as shall come to his hands or custody or to the hands or custody of any other person or persons to his use or by his appointment and upon like notice to him to be given or for him to be left in writing as aforesaid bring or cause to be brought into the Court aforesaid good and sufficient Sureties to be bound for the true and sure payment of so much Money as upon every such Accompt shall appear or be found due or belonging to the Children and Orphants of the said R. R. or else do and shall pay or cause to be paid into the Chamber of London to the use of the same Orphants so much Money as upon every such Accompt shall appear or be found due or belonging to the same Orphants That then c. or else c. It is usual once in Twelve months to summon the Executor to give an accompt and if upon the exhibiting thereof it shall appear that any Money is due to the Orphants the Executor must either pay the same Moneys into the Chamber of London or give good Security to pay the same which if he omit or refuse his Bond will
three discreet Commoners of this City amongst others assigned by this Court to be Commissioners for this instant Month of January for the Court of Requests commonly called the Court of Conscience according to an Act of Parliament made in the Third Year of the Reign of the Kings Majesty that now is And that they sitting in the said Court of Conscience in the Guildhall of this City yesterday last being Wednesday the three and twentieth of this instant January to hear and determine Matters for the Recording of small Debts and relieving of poor Debtors in this City according as by the said Act of Parliament they are authorized and only out of a conscionable Care to be certainly informed of the true state of a Case brought before them and which was depending in the Sheriffs Court where they were informed that Thomas Hutton one of the Attorneys in the Sheriffs Court was retained for the Plaintiff in the said Court And the said Hutton being in the Guildhall in the view of the said Sir John Jolls and other the Commissioners the said Commissioners commanded the Beadle of the said Court to go to the said Hutton and require him presently to come to the said Sir John Jolls and the other Commissioners And albeit the Beadle went two several times to him yet the said Hutton peremptorily and contemptuously made answer That he neither could nor would come to them The which being here examined in full open Court and the said Hutton called to answer the same was in part confessed by the said Hutton and also proved by the Oath of the Clerk and Beadle of the said Court of Requests And to aggravate the said Offence and Contempt the said Hutton here in open Court did affirm That he knew not what Authority that Court had to send for him The which Indignities and Contempts offered to Commissioners chosen by this Court and established by Act of Parliament and to an Alderman of the City of London by a Subordinate Officer of this City This Court do generally hold the same intolerable and the said Hutton worthy of severe and condign punishment And therefore do order and decree that the said Thomas Hutton shall be presently and absolutely dismissed and this Court doth absolutely dismiss him of and from his said Place and Office of One of the Attorneys of the said Sheriffs Court aforesaid And Mr. Dale one of the Iudges of the said Court was sent for and being here private was required to take notice thereof and to publish the same in the Sheriffs Court and to take private Order that the said Thomas Hutton be not admitted hereafter to practise any more in the said Court The Clerks Fees of this Court FOr every Plaint 2 d. For every Appearance 2 d. For every Order 4 d. For every Precept or Warrant to commit to Prison 6 d. For every Search 2 d. For every satisfaction acknowledged upon an Order 6 d. Beadles Fees FOr warning every person within the Liberties 4 d. For warning every person without the Liberties 6 d. For serving every Precept or Warrant 4 d. THE SHERIFFS COURTS EAch Sheriff holds a Court of Record in Guildhall viz. every Wednesday and Friday for Actions entered at the Woodstreet Compter and every Thursday and Saturday for Actions entered at the Poultry Compter There is eight Attorneys belonging to these Courts who of right ought to have three Fees in every Cause that is or shall be brought to Trial viz. a Fee For the Appearance a Fee at Issue and a Fee upon Summons for Trial But if the Cause shall be summoned more than once he is to have a Fee upon every Summons Note That an Attorneys Fee in this Court is 1 s. 8 d. and no more The Attorneys of these Courts are admitted by the Court of Aldermen and must take the following Oath The Oath of the Attorneys of the Sheriffs Courts YE shall swear that ye shall well and lawfully do your Office of Attorney and well and lawfully examine your Client and their quarrel without Champarty and without procuring of any Iuries or any Enquest embrasing And that ye shall change no quarrel out of his nature after your understanding Also ye shall plead Ne ley ne suffer to be pleaded or leyed by your assent no Forreign Release Acquittance Payment Arbitration plain Accompt whatsoever it be to put the Court out of his Iurisdiction nor none other matter but it be such as ye may find rightful and true by the Information of your Client whose information and saying upon your Oath and Conscience ye shall think to be true And ye shall not enform ne enforce any man to sue falsly against any person by false or forged Action Ready ye shall be at all times to come and attend at the warning of the said Major and of the Sheriffs of the said City unless ye be letted about the business of this City or for some other reasonable cause The Franchises Laws and Ordinances of this City you shall keep and do to be kept to your power And that well and lawfully ye shall do all things that to the Office of Attorney pertaineth to do As God help you There is two Secondaries two Clerks of the Papers two Prothonatories and eight Clerk-sitters belonging to these Courts The Secondaries allow and return all Writs brought to remove Causes out of these Courts The Clerks of the Papers file and copy all Declarations upon Actions in these Courts The Prothonatories do draw and ingross all such Declarations The Clerk-sitters enter Actions and Attachments and take Bails and Verdicts The Attorneys have not the custody of any Record belonging to these Courts their business is only to take their Fees due to them in every Cause and to give their Clients notice of Declarations and Trials and to advise them when and what to plead All Subpoena's for Witnesses to appear in these Courts are made by the Clerks belonging to the Judges of these Courts The Fees for a Trial in these Courts The Action 0 4 The Arrest 1 0 The Attorneys Fee 1 8 The Declaration if general 1 4 The Court Fees hereon 0 8 The Deletur 0 4 The Issue and Attorneys Fee 4 0 The Summons of the Jury and Attorney's Fee 4 8 The Subpoena 2 0 The Councel well deserve 5 0 The Juries Verdict 4 6 The Judgment 2 6 The Execution 1 4 If the Declaration be special the Prothonatories Fee for every sheet drawing and ingrossing is 0 8 The Defendants Fees for a Trial. The Attorneys Fee for Appearance and the Court Fees 2 6 The Copy of the Declaration 4 d. per sheet The Issue and Attorneys Fee 3 8 Attorneys Fee upon the Summons 1 8 After a Verdict obtained in either of these Courts and before Judgment entered the Defendant may stop Judgment by marking the Cause before the Lord Major for time to pay the Money recovered which he may do by speaking to an Attorney in the Majors Court and giving him